District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Saul Amilcar Batres-Villa, a citizen of El Salvador who entered the United States over eleven years ago, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 10, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1 , ¶¶ 1, 7. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) sometime after his release from state custody for a February 2025 conviction. Id. ¶ 17-18. Batres-Villa remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 1.
The respondents argue that Batres-Villa is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition concerning detention under 8 U.S.C. § 1225(b)(1) are similar to those recently addressed by this Court in Nkemaka v. Hyde, et al., No. 26-cv-13360-JEK (D. Mass. July 31, 2026).” ECF 9 , at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. ECF 13, Nkemaka, No. 26-cv-13360-JEK (citing ECF 11, Lema Lara v. Moniz, 25-cv-13747-JEK (D. Mass. Dec. 22, 2025); ECF 8 , Sheta Mbuese v. Moniz, No. 25-cv-13195-JEK (D. Mass. Nov. 7, 2025); ECF 23, Soares da Silva v. Bondi, No. 25-cv-12483 (D. Mass. Oct. 21, 2025)). The respondents contend that “[s]hould the Court follow its reasoning in Nkemaka, it would reach the same result here.” ECF 9 , at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Batres-Villa’s detention.
Noncitizens like Batres-Villa “‘detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.’” ECF 13, Nkemaka, No. 26-cv-13360-JEK (quoting Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025)). Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).
For the foregoing reasons, Batres-Villa’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1 , is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Batres-Villa has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. Batres-Villa’s emergency motion to expedite, ECF 2 , is DENIED as moot. (Currie, Haley)